JOHNSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under Section 138 of the Negotiable Instruments Act in S.T.No.86 of 2013 on the file of the Judicial First Class Magistrate Court- II, Vaikom, instituted on the basis of a complaint preferred by the second respondent herein.

(2.) The trial court, as per the impugned judgment rendered on 28.9.2015, had convicted the petitioner for the abovesaid offence and had sentenced him to undergo imprisonment till the rising of the court and to pay fine of Rs.1,36,782/- to the complainant under Section 357(1) (b) of the Cr.P.C. and in default of payment of fine, the accused was ordered to undergo simple imprisonment for six months.

(3.) Aggrieved thereby the petitioner had preferred Crl.Appeal No.156 of 2015 on the file of the Sessions Court, Kottayam. The appellate court concerned (Court of the Additional Sessions Judge-II, (Special) Kottayam), as per the impugned judgment rendered on 27.4.2017, had confirmed the conviction and modified the sentence to imprisonment till the rising of the court and to pay fine of Rs.91,188/- to the complainant and in default thereof, to undergo simple imprisonment for three months. The fine amount, if realised, will be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. It is challenging the verdicts of both the courts below that the petitioner has preferred the instant Crl.Revision Petition by taking recourse to the provisions contained in Sections 397 and 401 of the Code of Criminal Procedure.